Ohio Code § 5924.45

Ohio Code § 5924.45. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 5924.45.

(A) An accused may plead not guilty, not guilty by reason of insanity, guilty, or, with

the consent of the court, no contest.  A plea of not guilty by reason of insanity shall be made in writing by either the

accused or the accused's attorney.  All other pleas may be made orally.  The pleas of not guilty and not guilty by reason of insanity may be joined. (B) If an accused refuses to plead, the court shall enter a plea of not guilty on behalf

of the accused. (C) Before accepting a plea of guilty, the military judge shall address the accused personally

and inform the accused of, and determine that the accused understands, all of the

following: (1) The nature of the offense to which the plea is offered and the maximum possible penalty

provided by law; (2) In a general or special court-martial, if the accused is not represented by counsel,

that the accused has the right to be represented by counsel at every stage of the

proceedings; (3) That the accused has the right to plead not guilty or to persist in that plea if

already made, that the accused has the right to be tried by a court-martial, and that

at trial the accused has the right to confront and cross-examine witnesses against

the accused and the right against self-incrimination. (4) That if the accused pleads guilty, there will not be a trial of any kind as to those

offenses to which the accused has so pleaded and that by pleading guilty the accused

waives the rights described in division (C)(3) of this section; (5) That, if the accused pleads guilty, the military judge will question the accused

about the offenses to which the accused has pleaded guilty, and that, if the accused

answers the questions under oath, on the record, and in the presence of counsel, the

accused's answers may later be used against the accused in a prosecution for perjury

or false statement. (D) The military judge shall not accept a plea of guilty without first addressing the

accused personally and determining that the plea is voluntary and not the result of

fear, threats, or promises.  The military judge shall also inquire as to whether the accused's willingness to

plead guilty results from prior discussions between the convening authority, a representative

of the convening authority, or trial counsel and the accused or defense counsel. (E) The military judge shall not accept a plea of guilty without making an inquiry of

the accused that satisfies the military judge that there is a factual basis for the

plea.  The accused shall be questioned under oath about the offenses charged. (F) When a negotiated plea of guilty or no contest to one or more offenses charged or

to one or more other or lesser offenses is offered, the underlying agreement upon

which the plea is based shall be stated on the record in open court. (G) If the court refuses to accept a plea of guilty or no contest, the court shall enter

a plea of not guilty on behalf of the accused, and neither plea shall be admissible

in evidence or be the subject of comment by the trial counsel or court. (H) The defense of not guilty by reason of insanity must be pleaded at the time of arraignment,

except that the court for good cause shown shall permit a plea of not guilty by reason

of insanity to be entered at any time before trial. (I) A motion to withdraw a plea of guilty or no contest may be made only before sentence

is imposed, but to correct manifest injustice the court after sentence may set aside

the judgment of conviction and permit the accused to withdraw the plea. (J) An accused who is found guilty after pleading guilty waives any objection, whether

or not previously raised, relating to the factual issue of guilt of the offense to

which the plea was made.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 5924.45
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

Verify the text

Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:

Not legal advice. Verify against the official source and consult a licensed Ohio attorney.

Common questions

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The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.

What subject does Ohio Revised Code § 5924.45 address?

It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.

Is Ohio Revised Code § 5924.45 still in force?

Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.

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